An architect can be held responsible for any structural flaws or defects in the building for which he/she was hired, for a maximum period of three years after the building is handed over to or occupied by the owner (whichever is earlier). This can lead to a consumer protection case as it is a deficiency in the service provided by the architect.(( Architects Professional Guidelines, Council of Architecture, point 6, https://www.coa.gov.in/index1.php?lang=1&level=1&sublinkid=271&lid=250.)) An architect is not responsible if the damage to the building has occurred in the following circumstances(( Architects Professional Guidelines, Council of Architecture, point 4.3 https://www.coa.gov.in/index1.php?lang=1&level=1&sublinkid=271&lid=250.)) :
- The building is used for the purposes other than for which it has been designed.
- Any changes to the building carried out by the owner without the consent or approval of the architect who designed and/ or supervised the construction of the building.
- Any changes, alterations or modifications are carried out by consulting another architect without the knowledge and consent of the architect hired initially or without obtaining No Objection Certificate from him.
- Illegal/unauthorised changes, alteration, renovations or modifications carried out by the owners.
- Any compromise with the safety norms by the owner.
- Distress due to leakage from terrace, toilets, water logging within the vicinity of the building and that would affect the strength/stability of the structure or general well-being.
- Lack of periodical maintenance.
- Damages are caused by any `specialised consultants’ hired for design and supervision work, who were appointed/ engaged in consultation with the Client.
- Damages are caused to the building for reasons beyond the control of the architect.
Nurses have the responsibility of monitoring the condition of the patients and administering medication/medicines at regular intervals. They assist doctors and help set up medical equipment in operation theaters and clinical laboratories. They also assist the doctors in telling the medical condition of patients.(( Nursing Prospects, https://www.nhp.gov.in/nursing_pg)) Currently, under the National Medical Commission Act of 2019, nurses are authorised to independently prescribe specific medicines in primary and preventive healthcare. In cases other than primary and preventive healthcare, they can prescribe medicines only under the supervision of doctors.
An attorney-client privilege is a protection given to the communications that take place between the advocate and their client in the course of their professional relationship. Any person who seeks advice from the advocate or attorney registered under the Advocates Act, would have the benefit of the privilege. An advocate is not allowed to disclose any information received by the client or the contents of any document used for the purpose of such relationship unless the client allows the advocate to disclose any such information. This privilege continues even after the termination of this professional relationship. However, it does not provide protection to any communication or advice received before the beginning or after the end of the employment, only during. The privilege does not extend to any communication that is made for performing any illegal purpose or if any crime or fraud has been committed by the client after entering into this professional relationship. Further, if the client discloses something to their advocate and the advocate is called as a witness then under such circumstances the advocate can disclose such information.(( The Indian Evidence Act, 1872 ( Act no.1 of 1872), s. 126.)) For example, if a client discloses to their lawyer that they wish to take a bribe for performing their official duties, this communication being made for an illegal purpose will not be covered under the Attorney-client privilege and a lawyer can disclose this information in the court of law.
If you have accepted the job offer before you have signed an appointment letter or employment contract, you can withdraw your acceptance. This applies to the employer as well. The employer may revoke the job offer after you’ve accepted it but before you’ve signed any paperwork.
If you accepted a job offer verbally or through writing and you and the employer did not intend to enter into any further formal contract, then the acceptance can be considered as final. Due to this finality, the employer may take action against you for withdrawing from a final contract.
However, if you did intend to enter into a contract after a verbal/written acceptance of a job offer, the employer may not take any action towards you, for rejecting the job offer at this stage.
If you violate the confidentiality/non-disclosure clause in your employment contract, your employer may file a civil or a criminal case against you.
Your employer may file a civil case if they want to stop you from sharing any information or if they want to get monetary compensation from you for violating the terms of the contract.
Your employer can also file a criminal case against you for violating the confidentiality clause and you may be charged with:
- Theft (ex. documents)
- Hacking
- Causing damage to a computer system
- Tampering with computer source document
- Violating the privacy policy of the company
However, it is important to note that using your own knowledge, skill, and experience at your new job, even if it was acquired during the course of employment at your previous company will not be considered confidential information or trade secrets.
While discussing the terms given to you in the offer letter by your employer or before signing the contract, it is important to negotiate if you are unhappy with the terms. Keep in mind the following:
- Understand and state the value you bring to the organization
- Be aware of the technical terms (legal and non-legal) in the contract
- Make your contract is personalized
- Make sure you are not restricted from gaining employment in any other place once you resign
- If anything sounds unfair or unreasonable, talk to your employer
- Changing the terms of your contract is hard after signing it.
No, your PF account stays the same, even if you change jobs. At the time of your first job where your PF account has been opened, you are allotted a Universal Account Number (UAN) which stays the same throughout your career.
HR policy or Human Resource policies are an organization’s guidelines to manage its employees. It provides guidance to employees and employers on how the organization functions and provides for strict rules on things you can and cannot do in the organization. For example, the HR policy will specify the manner in which you have to inform your employer that you are taking leave. Many employment contracts refer to the HR policy and not following the HR policy may lead to disputes with your employer, which in turn may result in termination.
If you decide to quit your job, inform your employer in the manner provided in your employment contract. You may either have to give a notice period or comply with any other formality as given in your employment contract.
A joining bonus is an amount of money paid to a new employee as an incentive to join that company. A joining bonus may be offered in these situations:
- When your new employer wants you to join as soon as possible, they may offer you a joining bonus to quit your old office and forgo the notice period.
- When a company, especially a start-up, wants to persuade you to join.
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